Vermont Model Criminal Jury Instructions CR22-098

The State has charged (Def)_______________ with aggravated assault by threatening to use a deadly weapon on another person, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) was armed with a deadly weapon, specifically (weapon)_______________;

(3) [he] [she] threatened to use the deadly weapon on another person, specifically (victim)_______________; and

(4) (Def)_______________ intended to threaten (victim)_______________.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ was armed with a deadly weapon. The term deadly weapon means any firearm, or other weapon, device, instrument, material or substance, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. Serious bodily injury means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health, or substantial disfigurement. The term bodily injury means physical pain, illness or any impairment of physical condition. Here the State must have proven that the weapon was capable of causing serious bodily injury, not that (Def)_______________ actually caused serious bodily injury.

The third essential element is that (Def)_______________ threatened to use the deadly weapon on another person. To threaten another person means to communicate, by words or by deeds, an intention to inflict imminent harm upon that other person. Whether conduct amounts to a threat is generally discerned from the perspective of a reasonable person under similar circumstances.

The last essential element is that (Def)_______________ intended to threaten (victim)_______________. The State must have proven that (Def)_______________ intended to place (victim)_______________ in fear of imminent bodily injury, and that (Def)_______________ did not act inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to threaten (victim)_______________.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.